6 Jun 2023
YOONWOO C & C DEVELOPMENT CORP v JAE HO HUH [2023] NZHC 1395
- Citation
- [2023] NZHC 1395
- Court
- High Court
The Court held that unregistered foreign judgments are enforced at common law by an action in debt/contract and under the Limitation Act 1950 the relevant limitation was s4(1)(a) (six years); the Korean judgments delivered in May 2010 were therefore time-barred when the proceeding was commenced in 2018, so enforcement was dismissed; on the merits the judgments were otherwise final, for fixed sums and the defendant had submitted to Korean jurisdiction and there was no proven fraud or breach of natural justice, and the affidavit of the defendant's Korean expert was excluded because the expert d…